Bidding for goods or services means a commercial activity whereby a party purchases goods or services through bidding (referred to as bid solicitor) in order to select, among traders participating in the bidding (referred to as bidders), a trader that satisfies the requirements set forth by the bid solicitor and is selected to enter into and perform a contract (referred to as bid winner).
1. Forms of bidding
Pursuant to the provisions of Article 215 of the Commercial Law 2005, the form of bidding is prescribed as follows:
(i) Bidding for goods or services shall be conducted in either of the following two forms:
• Open bidding which is a form of bidding whereby the bid solicitor does not limit the number of bidders; and
• Restricted bidding which is a form of bidding whereby the bid solicitor invites only a limited number of bidders to participate in the bidding.
(ii) The selection of the form of open bidding or restricted bidding shall be decided by bid solicitors.
2. Modes of bidding
Pursuant to the provisions of Article 216 of the Commercial Law 2005, the mode of bidding is prescribed as follows:
(i) Modes of bidding include bidding with one bid dossier bag and bidding with two dossier bags. Bid solicitors shall have the right to select the mode of bidding and must notify such in advance to bidders.
(ii) In case of bidding by mode of one dossier bag, a bidder shall submit its bid dossier consisting of technical and financial proposals in one dossier bag according to the requirements in the tendering dossier and the opening of bids shall be effected only once.
(iii) In case of bidding by mode of two dossier bags, a bidder shall submit its bid dossier consisting of technical and financial proposals in two separate dossier bags submitted simultaneously, and the opening of bids shall be effected twice. The dossier on technical proposals shall be opened first.
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